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IN RE MILLER

No. 4185.

98 N.H. 107 (1953)

IN RE DONALD J. MILLER.

Supreme Court of New Hampshire.

March 3, 1953.

Attorney(s) appearing for the Case

Louis C. Wyman, Attorney General, Arthur E. Bean, Jr., Law Assistant and John M. Brant, County Solicitor (Mr. Bean orally), for the State.

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the defendant.

KENISON, C. J.

Laws 1949, c. 314, s. 4, provides that the board appointed by the Superior Court shall ". . . examine forthwith the alleged sexual psychopath or the one accused of one or more of the sex offenses stated in paragraph I (1) of section 3 . . . to ascertain whether the person is a sexual psychopath." This is statutory recognition of the fact that the determination of sex deviation is based primarily on medical evidence (Ex parte Kader,...

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